Rule 5.080.Declaration for Attorney Fees, Costs, and Disbursements
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 5.080
Plain-English Summary
When a party in a civil case asks the court to award attorney fees, costs, and disbursements, the request arrives as a declaration, and UTCR 5.080 says what that declaration should look like: substantially the form provided at www.courts.oregon.gov/forms.
The phrase substantially the form leaves some room. A declaration that follows the published structure, covers the same categories, and makes the same certifications will meet the rule even if the spacing or headings differ. A declaration built from scratch around the filer's own sense of what a court needs will not.
The rule says nothing about when the declaration is due, what a party must show to recover fees, or how the court sets the amount. Those questions live in the statutes and in the civil procedure rules. UTCR 5.080 governs the shape of the paper, which is what lets a judge find the same information in the same place every time.
Frequently Asked Questions
Where do I find the Oregon attorney fee declaration form?
The rule points to www.courts.oregon.gov/forms, the forms library the state courts publish. Pull the current version each time rather than reusing a copy from an old file, since published forms change.
Do I have to use the exact form?
The rule asks for substantially the form provided. A declaration that tracks the published one in structure and content complies. One that reorganizes or omits what the published form asks for risks being treated as noncompliant.
Does this rule set the deadline for asking for attorney fees?
No. UTCR 5.080 addresses the form of the declaration, not its timing. Deadlines for seeking fees, costs, and disbursements come from the statutes and civil procedure rules that authorize the award.
Does the rule cover costs and disbursements, or only attorney fees?
All of them. The rule names the declaration for attorney fees, costs, and disbursements, so a request covering any of them belongs in the published form.
Does UTCR 5.080 apply in criminal cases?
The rule opens with the words in civil cases, and it sits in the chapter on proceedings in civil cases. A fee request in another kind of proceeding is governed by the rules and statutes that apply there.